If it's Dividends and equity isn't this a convertible note? Debt?
I think we still have to wait for regulation to follow through this before you make any hasty decision around STOs.
If STO done right it doesn't interfere with the legacy legal rules as per that jurisdiction. Just need to know what type of STO is compatible within which jurisdiction.
E.g. in the Netherlands STO'ing equity would require a notary deed (from a notary) every time equity changes hands. This wouldn't make it the greatest fit.
Now if we use a construction such as the dutch STAK, we are able to trade economic rights derived from the equity without requiring a notary. Thus making it viable to STO economic rights (which in many respects are similar to equity) in the Netherlands. Its a matter of knowing what can be done, and how it should be done.
Do such constructions exist in most other countries too or is the legal situation of the Netherlands one of the exceptions?
And is this a form of legal arbitrage in which the situation could change as soon as the regulators or government notice such constructions are circumventing the intention of the law?
might be the other way around first: the law changing to support these new constructions, as the dutch government is quite supportive of this technology